In the impunity-laden operations of Nigeria’s security agencies, the recent acts of lawlessness by Customs officers that have caused avoidable deaths are enough justification for the Nigeria Customs Service to rein in its reckless officers. Since the recent attacks have spread beyond our national border areas, where the laws of the NCS men are legally enforceable, to the hinterland, Abdullahi Dikko, the NCS Comptroller-General, has to urgently rework the field operations of the organisation. It is unacceptable that an agency legally empowered to protect Nigerians and their businesses has now won more notoriety for acts of mayhem. It must be checked.
Last February alone, up to eight innocent Nigerians lost their lives due to the recklessness of the men of the agency. Nigerians were shocked by the fate of three women when Customs men, chasing a bus allegedly bearing contraband on the Lagos-Benin Expressway, close to the J3 area, rammed into their vehicle, resulting in a fatal accident. Not only did the three women die, the driver of the bus also lost a leg. The widely circulated photographs of the dead victims were gory: they lay lifeless in the bush with nobody to attend to their corpses, as the Customs men allegedly fled after committing the act.
In another really pathetic case, Customs officers invaded the Sango Market, Ogun State, purportedly in search of contraband. At the end of the operation, Angela Abah, 22, lay dead, slain by stray bullets reportedly fired by the Customs men. Three other women who were injured later died in a hospital. Since then, tension has been building up in the Sango community. After the market union members staged a rally to protest against the murders, the Chairman of the Ado-Odo Ota LGA, Rotimi Rahmon, dispatched a petition to the CG. “The killings by the Customs men in this axis (area) are becoming too many,” Rahmon said. Last December, a final-year student of the University of Benin, Osaretin Noruwa, crashed to his death after being chased by Customs men who had earlier stopped him for driving an unregistered car.
The killings by Customs officers have been on for long, bringing the organisation into disrepute. On May 5, 2013, a 29-year-old man, Ebenezer Inutayi, was reportedly shot dead while on his knees, begging, as he was being interrogated for being in possession of two 20 litres kegs of “contraband” vegetable oil. The flagrant abuse and waste of human lives continue mainly because none of the perpetrators has been sanctioned.
Article 3 of the United Nations General Assembly’s Code of Conduct for Law Enforcement Officials states, “Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty.” It notes that firearms should not be used except when a suspect offers armed resistance or jeopardises the lives of others and less extreme measures are not sufficient. Yet, state agents frequently misuse small arms to violate human rights at will.
Along with the power to carry and use small arms, however, comes the obligation for states to ensure that their agents are in compliance with national and international standards. Since customs administration plays a crucial role in the security of the population and in the functioning of the economy, the Finance Ministry should urgently take a critical look at its operational competence.
It is argued that customs are usually among those agencies where corruption is most entrenched. A report by OECD, “Fighting Corruption in Customs Administration,” states that corruption opportunities arise from three preconditions: a discretionary interface between customs officers and private operators; the possibility for customs officers to operate within a network of accomplices; and a lack of efficient controls. Regrettably, the NCS epitomises these three ugly faces of corruption.
The rules of engagement should be reviewed. Lethal force can only be used in response to a direct and imminent threat to life. In this regard, NCS authorities must enforce the four complementary concepts that define the legitimate use of force – proportionality, legality, accountability and necessity. When smugglers are not apprehended at the borders, it makes sense to be cautious if arresting them in the hinterland will lead to loss of lives, limbs and business.
For instance, it is the duty of the police to arrest offenders anywhere in the country. They are well trained to enforce the law. This makes it imperative for Dikko to liaise with sister security agencies, the Police, Department of State Services and Nigeria Security and Civil Defence Corps,to carry out arrests among the civil populace.There is the need for the service to train and re-train its corps on the use of arms. The NCS should fortify its capacity to control the borders and stop making excuses when smugglers escape its dragnet.
The officers involved in the recent mindless killings in Sango and the Lagos-Benin Expressway have to be fished out and prosecuted to deter others.
